Brand

Han Brand appeals from the trial court’s entry of judgment in favor of defendants Hyundai Motor America and Allen Used Cars, LLC (doing business as Allen Hyundai; collectively hereafter Hyundai), after granting Hyundai’s nonsuit motion on Brand’s breach of implied warranty of merchantability lawsuit. (Civ. Code, § 1792; all subsequent statutory references are to this code unless noted.) Brand argues the trial court erred in granting the motion on grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the implied warranty. As we explain, Brand is correct and we therefore reverse the judgment and remand the matter for further proceedings consistent with this opinion.

I

FACTUAL AND PROCEDURAL BACKGROUND

Brand leased a new Hyundai Genesis sedan from Allen Hyundai on January 2, 2012. Brand, a tax accountant, returned home in his old vehicle that day because he planned to sell it in Las Vegas, where he commuted regularly to the other office in his practice, especially during tax season between January and April. A dealer salesman drove the new Hyundai about 20 miles to…